Harassment Charge To Be Dismissed Against Former Greenwood Teacher

Saturday

Aug 23, 2014 at 4:00 AM

A misdemeanor harassment charge against a former Greenwood High School teacher accused of inappropriate conduct toward a female student will be dismissed in six months if he avoids legal problems during that time.

A misdemeanor harassment charge against a former Greenwood High School teacher accused of inappropriate conduct toward a female student will be dismissed in six months if he avoids legal problems during that time.

Gilberto Huerta, 52, of Greenwood taught Spanish at GHS before resigning in February when a female student accused him of inappropriate behavior toward her in the classroom.

Greenwood District Court Judge Michael Wagoner found Huerta guilty April 23 and handed down a 10-day suspended jail sentenced plus a $1,120 fine, both of which were stayed when Huerta filed an appeal to Sebastian County Circuit Court less than two weeks later.

The student told Greenwood police that sometime between Thanksgiving and Christmas 2013, Huerta was teaching his class when he told the girl, "I’m going to eat you," before biting her ear. The student said Huerta then walked to his desk and said, "Next time I’m going to put salsa on it," according to a police report.

The girl also described an incident she said happened two to three weeks before the complaint was filed in which Huerta, who was teaching his class the Spanish word for "under," allegedly crawled under a table where she and two other female students were sitting, then came out and said, "Don’t worry, I kept my eyes closed the entire time." The three girls were wearing pants at the time, the report states.

On Aug. 5, Circuit Court Judge James Cox signed an order taking the case under advisement, under an agreement reached between the defense and Greenwood City Attorney Mike Hamby, according to a news release from Fort Smith attorney Kevin Hickey, who represents Huerta. Hamby couldn’t be reached for comment.

The Arkansas Department of Education, Professional License Standards Board Subcommittee, determined there wasn’t evidence to substantiate Huerta violated "standard one of the code of ethics for Arkansas educators," according to ADE documents provided by Hickey.

Standard one requires an educator "maintains a professional relationship with each student, both in and outside the classroom."

During the ADE investigation, Greenwood Superintendent John Ciesla said Huerta acknowledged using poor judgment when he crawled under the table and made the comment about keeping his eyes closed and making the comment "I could eat you up," which he said was something his grandmother would say, according to the ADE report.

Ciesla also said Huerta had previous issues with "lack of judgment" and was on an "improvement plan," according to the report.

According to the ADE report, some of the previous issues included Huerta’s talking to a student about his parents’ divorce in front of the class; playing favorites; having students’ cellphone numbers; and calling a student and asking her to come to school early to bring her homework, instead of bringing it during regular class time. The girl told school officials the request made her uncomfortable.

GHS Principal Cody Chatman told the ADE investigator that Huerta was a good instructor but appeared to lack common sense about "relationship-type issues."

Chatman said he substantiated reports of favoritism by Huerta, and had reports that Huerta made some females feel uncomfortable in class. Chatman said he talked with Huerta but didn’t necessarily issue written warnings or reprimands, according to the ADE report.

One student who initially reported seeing Huerta bite his accuser told the ADE investigator that she only saw Huerta lean into the girl, but didn’t see him bite her. The girl said she tried to explain her earlier statement was misunderstood, and she never intended to lead anyone to believe she saw Huerta bite the girl, according to the report.

Another student said she didn’t see Huerta bite the girl, but saw him lean into her and the girl touched her ear when he pulled away. She also told the ADE investigator Huerta had a reputation for being "creepy," according to the report.

Yet another student provided conflicting statements on whether she saw Huerta bite the girl. However, the girl said Huerta would say strange things and then add the comment, "but not in that way," which made her uncomfortable, according to the ADE report.

Another student who claimed he or she saw Huerta bite the girl was unavailable to be interviewed for the ADE investigation.

When Huerta spoke to the ADE investigator, he said the "I would eat you" comment wasn’t directed at a particular student and denied even approaching the girl when she claims he bit her on the ear. Huerta also had no memory of making the salsa comment.

Huerta had no explanation why multiple students reported seeing him lean in toward the girl and hearing him make the salsa comment, according to the report.

Huerta said he climbed under table, as he did in other classes, simply to illustrate the Spanish word for "under."

Two paragraphs summarizing the ADE finding that Huerta was cleared of the ethical violation state that the biting incident couldn’t be substantiated and although Huerta did climb under the table, it was meant to illustrate the Spanish word for "under" and wasn’t intended as inappropriate or of a sexual nature.